Curious decisions, dire implications?

By Julius D. Mariveles

Lawyers Nena Santos and Prima Quinsayas are at a loss to describe the decisions made by State prosecutors related to the five-year-old Ampatuan Massacre case. For now, Santos can only use the word “lumilihis (veering off track)” while Quinsayas can only say “I do not understand.”

They do agree that the decisions appear curious. At least for now.

These decisions appear to be “circumstantial” in legal speak but provide nevertheless a chain of events that suggests that there could be “something wrong” with the way the government prosecutors are handling the November 23, 2009 massacre in the town of Ampatuan, Maguindanao province in southern Philippines where 58 people were killed, 32 of them of journalists and media workers.

Santos and Quinsayas are among the private prosecutors in the Ampatuan trial, representing between them 44 families of the massacre victims. They are “directly under the control and supervision” of state prosecutors, which means that they can assist in prosecuting the case against the accused only if they get the approval of the chief state prosecutor.

Since the hearings began in January 5, 2010, Judge Jocelyn Solis-Reyes has yet to resolve the petition for bail filed by several of the accused. Since the murders, only 101 of out of the 197 accused for the murders have been arrested by authorities.

But these curious decisions could have dire implications in the prosecution of the criminal cases filed against the suspected masterminds – six of them part of the Ampatuan clan, a powerful and influential family in Maguindanao province. During the 2013 elections, 88 candidates running for various positions were surnamed Ampatuan.

Ric Cachuela, chair of an association of families of the Ampatuan Massacre victims, during a news conference in General Santos City on the first year commemoration of the incident | Photo by Julius D. Mariveles

Ric Cachuela, chair of an association of families of the Ampatuan Massacre victims, during a news conference in General Santos City on the first year commemoration of the incident | Photo by Julius D. Mariveles

Recently, Santos and Quinsayas decried the plan of the government prosecution panel to rest its case and terminate its presentation of evidence-in-chief against 28 of the accused. They said that the move could practically close the door for the presentation of more evidence against the 28, among them Datu Andal “Unsay” Ampatuan, Jr., Manny Ampauan, Misuari Ampatuan, and former Maguindanao provincial police chief, Chief Insp. Sukarno Dicay.

In simple terms, Quinsayas told PCIJ, this means that new evidence could no longer be submitted by the prosecutors against the 28 accused and this is crucial because the prosecution would have to prove that there was conspiracy among the accused.

“The act of one was the act of many and we have to prove it beyond reasonable doubt,” she said.

The government prosecution panel headed by Archimedes V. Manabat had already filed a manifestation before Judge Reyes seeking to rest its case against the following accused:

  1. Datu Andal “Unsay” Ampatuan, Jr.
15. PO1 Amir Solaiman
  1. Chief Insp. Sukarno Dikay
16. PO1 Datu Jerry Utto
  1. Moktar Daud
17. Armando Ambalgan
  1. Zakaria Akil alias Quago Akil
18. Mohades Ampatuan
  1. Manny Ampatuan
19. Salik Bangkulat
  1. Misuari Ampatuan
20. Macton Bilungan
  1. PO3 Gibrael Alano
21. Maot Dumla
  1. SPO2 Badawi Bakal
22. Nasser Esmael alias Nassrudin Esmael
  1. Mohamad Balading
23. Edres Kasan
  1. PO3 Ricky Balanueco
24. Nasser Talib
  1. PO1 Micahel Macarongon
25. Salipad Tampogao
  1. SPO1 Samad Maguindara
26. Supt. Abusama Mundas Maguid
  1. PO1 Abuldbayan Mundas
27. Ibraham Kamal Tatak@Thong Guiamano
  1. PO1 Badjun Panegas
28. Rakin Kenog alias Rakim Amil

The prosecutors, in their manifestation filed before the court, said that they have been “time and again…unfairly accused of delaying the proceedings…” as they pointed out that they have “no more witnesses to present against all 104 accused” except for those who are covered by motions pending before the Court of Appeals and before Reyes’ sala.

Aside from the resting of the case, Quinsayas and Santos also told PCIJ that among the curious decisions of the government prosecutors who have practically stopped consulting them are the following:

INCIDENT: The withdrawal of the motion to discharge Bong Andal, operator of the backhoe used in burying the dead victims. Santos said there was already a motion to discharge Andal as one of the accused and to adopt his testimony as one of the evidences against the accused. Andal identified Andal Ampatuan, Sr. as the one who ordered him to take the excavator to the hilltop of Barangay Masalay. He claimed that he saw dead bodies inside the vehicles and had to close his eyes while he was crushing them using the vehicle’s metal arm.

Santos said Andal was the first witness to have established a direct connection between the murder and Andal, Sr. who is accused as one of the masterminds of the massacre. “We already agreed about it but we were not told that they would be withdrawing that motion,” Santos said. “They said they don’t need Andal’s testimony anymore.”

INCIDENT: Public prosecutors seeking permission from higher PNP officials to have former Police Supt. Nilo Berdin as one of the prosecution witnesses. Quinsayas said she found it strange that the prosecutors had to get the clearance of Camp Crame officials for Berdin, then chief of the Criminal Investigation and Detection Group of the Autonomous Region of Muslim Mindanao during the massacre, for him to give his testimony.

Quinsayas they were able to get other Army and PNP officials as witnesses but the panel did not seek clearance from their higher officials. “What is so special about Berdin?” she asked. Berdin was not able to take the witness stand and was eventually dismissed by the PNP for negligence over the Maguindanao massacre.

Pass FOI, hold corrupt officials accountable, business groups urge PNoy

By Julius D. Mariveles

Local and foreign businessmen called on President Benigno S. Aquino III to ensure the passage of a Freedom of Information Law before his term ends and to ensure the prosecution of past and present public officials who are proven to have committed corruption “without fear or favor.”

These were among the six recommendations of the Philippine Business Groups (PBG) and the Joint Foreign Chambers (JFC) in a letter sent to President Aquino a week before the President delivered his State of the Nation Address. While they pointed out that the PBG-JFC recognizes the administration’s drive to stamp out corruption that has “indeed borne fruit” and contributed to the country’s “better-than-expected economic performance and competitiveness rankings,” there is still a need to “push the campaign for good governance.”

The business groups were reiterating the results of a series of dialogues they conducted last year in helping craft a list of key issues and proposed measures that they said will help achieve the “shared vision of inclusive growth” through generating jobs, reducing poverty, and global competitiveness. The result of these consultations was sent to the President last year.

The key issues that the consultations sought to address were the following: institutionalizing integrity and good governance, achieving inclusive growth, ensuring energy security and price competitiveness, increasing foreign investments, and addressing smuggling.

A sugarworker carries chopped firewood after cutting and loading canes in one of the sugar plantations in Negros Occidental. The business groups have noted that the agriculture industry is still underperforming in the Philippines | Photo by Julius D. Mariveles

A sugarworker carries chopped firewood after cutting and loading canes in one of the sugar plantations in Negros Occidental. The business groups have noted that the agriculture industry is still underperforming in the Philippines | Photo by Julius D. Mariveles

Integrity and good governance was the first item in the recommendations of these groups as they pointed out that despite the Aquino administration’s best efforts to safeguard the use of public funds “recent developments demonstrate that corruption still rears its ugly heads in the hidden nooks and crannies of the bureaucracy and government transactions.”

This, they said, “highlights the need and value of an engaged citizenry serving as government’s partner in guarding against corruption,” as they took note of the President’s commitment during one of the Daylight Dialogues to pass the FOI before his term ends.

They also welcomed Aquino’s pronouncement that he will be issuing an Executive Order to institutionalize a mechanism for public-private cooperation. They also urged other government agencies to follow the lead of the Department of Public Works and Highways in insisting that companies who wish to bid for government contracts should sign an Integrity Pledge and submit themselves to “doing clean and ethical business.”

They also called on Aquino to closely coordinate with the judiciary and legislative branches to address what they called as issues of “competence, efficiency, and integrity in the justice system.”

On the issue of inclusive growth, the groups said that while the economy has rapidly expanded under Aquino, the impact of reducing unemployment and underemployment “has yet to felt by our people” as they urged the chief executive to focus on sustainable agriculture and responsible mining that will “substantially assist in our shared aim of inclusive growth.”

Mining is being opposed by various sectors in the country, including Church-based groups in some provinces, who are questioning the impact of the industry on the environment and the displacement of upland folk who will be affected by the entry of multi-national mining firms.

The abandoned Cansibit Mining Pit of the Maricalum Mining Corporation in Sipalay City, Negros Occidental is now filled with water after the MMC, once one of the largest copper mines in Asia, stopped its operations in the 1990s. On the background is the copper processing factory of the MMC. This image was taken in 2011 | Photo by Julius D. Mariveles

The abandoned Cansibit Mining Pit of the Maricalum Mining Corporation in Sipalay City, Negros Occidental is now filled with water after the MMC, once one of the largest copper mines in Asia, stopped its operations in the 1990s. On the background is the copper processing factory of the MMC. This image was taken in 2011 | Photo by Julius D. Mariveles

The business groups, however, reiterated their position that “responsible mining holds the potential not only to bring in more foreign investments but also to increase incomes in rural communities as well” as they called on the President to retain the existing Philippine Mining Act.

Meanwhile, they also noted that agriculture, which employs close to a third of the Philippine population especially in the provinces, continues to “underperform” as they urged Aquino to ensure adequate investments that would increase agricultural productivity.

This month, former senator Francis Pangilinan, presidential assistant on food and agricultural modernization, said that farmers in the Philippines remain among the poorest of the poor while more than 20 million Filipinos cannot yet feel the growth of the economy or do not have enough food.

The group also outlined their specific recommendations in other areas.

On accelerating infrastructure development:

• Raise government infrastructure spending to narrow and infrastructure gap;
• Institute a multi-airport system particularly NAIA, Clark, and a future third airport;
• Speed up the construction of a NLEX-SLEX Connector and the construction of a feeder road that will connect it to the Port of Manila; and
• Shift cargo traffic from the Port of Manila to the Ports of Subic and Batangas.

On ensuring energy security and price competitiveness:

• Ensure full and proper implementation of the Electric Power Industry Reform Act and not to amend the act because this will cause the deferment or cancellation of pending and much-needed investments in the power sector;
• Support growth targets with energy investments and the drawing up of a roadmap towards energy security and electricity price competitiveness; and
• Augment the Department of Energy and Energy Regulatory Commission with “capable, proactive, and visionary staff.”

On ensuring the increase in foreign investments:

• Open certain areas of the economy to “greater foreign participation;” and
• The revision of the Foreign Investment Negative List pending any amendments to the Constitution.

On addressing smuggling:

• The immediate passage and implementation of the Customs Modernization and Tariff Act and various measure son Anti-Smuggling in both chamber sof Congress.

The letter was signed by the following representing their organizations: Benjamin Philip G. Romualdez, president, Chamber of Mines of the Philippines; Sergio Ortiz-Luis, Jr. president, Philippine Exporters Confederation; Ramon Del Rosario, Jr., chairman, Makati Business Club; Dan C. Lachica, president, Semiconductor and Electronics Industries in the Philippines, Inc.; Edgardo G. Lacson, president, Employers Confederation of the Philippines;

Rhicke Jennings, president, president, American Chamber of Commerce; Ian Porter, president, Australian-New Zealand Chamber of Commerce; Julian Payne, president, Canadian Chamber of Commerce; Michael Raeuber, president, European Chamber of Commerce; Tetsuo Tomino, president, Japanese Chamber, Eun Gap Chang, president, Korean Chamber of Commerce;

Shameem Qurashi, president, Philippine Association of Multinational Companies Regional Headquarters, Inc.; Edmundo S. Soriano, president, Financial Executives Institute of the Philippines; Ernesto M. Ordoñez, president, Alyansa Agrikultura; Gregorio S. Navarro, president, Management Association of the Philippines;

Alfonso G. Siy, president, Federation of Filipino-Chinese Chambers of Commerce and Industry, Inc.; Jose Mari P. Mercado, president and CEO, IT and Business Process Association of the Philippines; and Alfredo M. Yao, president, Philippine Chamber of Commerce and Industry.

Don’t close Ampatuan case yet, private prosecutors tell DOJ

PRIVATE PROSECUTORS involved in the Ampatuan massacre case are protesting a decision by the Justice Department to end the presentation of evidence in the multiple murder case, warning that this was premature and driven by political pressure.

Attorneys Prima Quinsayas and Nena Santos, who represent 44 of the massacre victims, said they had more witnesses and evidence to present before the court. The DOJ decision however closes the door to the admission of more evidence from the prosecutors.

“We have so much to lose if they do this,” Quinsayas said.

Quinsayas added that it was unusual for the prosecution panel to end its prosecution of the murder case, when the case was really just in the bail proceedings. The Quezon City Regional Trial Court Branch 221 has been hearing the bail proceedings for the Ampatuan case for more than four years because of repeated delays in the trial. Both prosecution and defense lawyers have however agreed to adopt the evidence from the bail proceedings as evidence in chief, or as evidence for the main murder case.


interview with Justice Ussec. Francisco Baraan III in November 2013

Quinsayas said Judge Jocelyn Solis-Reyes, the judge in the murder trial, even pointed out that the proper procedure would be to resolve the bail proceedings first before resting on the main murder case. However, the DOJ panel still insisted on filing its manifestation to rest its case on both the bail proceedings and the evidence in chief at the same time.

Quinsayas stressed that this move would be irrevocable.

“Bakit tayo nagmamadali ngayong alam natin na one shot deal lang ang criminal case,” Quinsayas said. “That’s like tying our hands. Kumuha ako ng tali at tinali ko ang sarili kong kamay, and why would I do that?”

(Why are we in a rush when we know that a criminal case is a one-shot deal. This is like tying our hands. We got a rope and tied our own hands, and why would we do that?)

Quinsayas said it appears that the DOJ panel is under pressure to rush the case because President Benigno S. Aquino III has publicly said he wants a conviction in the Ampatuan case before he steps down in 2016.

“If I listen to the President, he says he will ensure conviction by 2016, so possible explanation yan na magmadali para bago matapos ang term mayroon nang conviction,” Quinsayas said. ”

(If I listen to the President, he says he will ensure conviction by 2016, so that is a possible explanation for why they are rushing so there would be a conviction before his term ends.)

“If we rest in the evidence in chief, there is no more second chance to present evidence that would mean whatever evidence was rebutted by the defense,” Quinsayas said.

Santos for her part said that she has additional witnesses that she wants to present in the main murder trial. The DOJ decision effectively closes the door to her witnesses.

“May bala pa ako, at mas matindi pa,” Santos said. (I have more ammunition, and they are more powerful.)

“Marami pa akong witnesses, di pa mapresent dahil iniintay ang ebidensya ng kabila bago mailabas,” Santos said.

(I have more witnesses, and I cannot present them because we want the other side to present their evidence first.)

Quinsayas said that it was also unusual that the government prosecutors would rush to close the case even before the defense lawyers are able to present their rebuttal evidence on the bail proceedings. Quinsayas said the defense was given the chance to present rebuttal evidence on the bail proceedings as early as February. Curiously, defense lawyers have not presented their evidence yet.

Media groups said that while everyone wants a speedier trial, this should not come at the expense of true justice.

“The desire for speed is there, but we will not sacrifice speed if we fail in this advocacy,” said Melinda Quintos de Jesus of the Freedom Fund for Filipino Journalists, a media group helping fund the prosecution of the case.

“Speed is not the same as haste,” Quinsayas said. “There is a difference between a speedy trial and a trial done in haste.”

“Our concern is there will still be a lot of evidence that will not be presented if you rest at this point,” de Jesus added. “If the result of the trial is not satisfactory, and the families do not feel that they have won, then it will be an empty achievement of speed.”

 

 

 

 

 

Slideshow: SONA in the streets

by Cong B. Corrales and Julius D. Mariveles

While members of Congress, guests and foreign dignitaries clapped their hands to a melodramatic State of the Nation Address (SONA) of President Benigno S. Aquino III, Filipinos from different walks of life listened to fired-up “alternative” SONAs in the streets, Monday.

As with the other Presidents and SONAs in the past, left-leaning militants held a SONA of their own along Commonwealth Avenue in Quezon City, the main thoroughfare heading to the Batasan.

President Aquino’s penultimate SONA comes on the heels of the now controversial Disbursement Acceleration Program (DAP)—parts of which the Supreme Court had declared unconstitutional.

Multi-sectoral organizations under the Bagong Alyansang Makabayan (BAYAN) marched along Commonwealth Avenue but were stopped by several layers of defense that include cyclone wire fences, four 20-foot container vans and a phalanx of anti-riot police.

The Department of Public Order and Safety of Quezon City estimated the crowd at 10,000 individuals. But Quezon City Police District gave a more conservative estimate at 7,000 to 8,000 people.

Despite the obstructions, the protesters still managed to hold their own SONA dubbed: “People’s SONA” on two fronts. The bigger was held along Commonwealth Avenue using a flatbed truck as a stage while another contingent managed to slip past security and held their own SONA at least 50 meters shy of the North Gate of the House of Representatives in Batasan Hills.

Bagong Alyansang Makabayan (BAYAN) Secretary-General Renato Reyes said that they have leveled-up their call to an “ouster” campaign since President Aquino appeared to be sounding more like a “tyrant” in his recent pronouncements.

Reyes cited the President’s July 14 speech on live television where it was like “PNoy is saying that he is beyond the reach of the Supreme Court.”

“We filed an impeachment against the President. He should be held accountable to the people regarding the scandal that is DAP. Hindi nararapat, hindi na uubra. Hindi na patatapusin pa ang kanyang termino,” Reyes said.

He added that aside from the impeachment cases they filed against the President, they are also filing a case with the Office of the Ombudsman.

“Aquino will be condemned as the President who brought back the US military bases and sold out the nation’s sovereignty through the PH-US Enhanced Defense Cooperation Agreement (EDCA),” said Reyes.

Meanwhile, a different contingent led by women’s rights organization, Gabriela—numbering about a hundred—came out from their communities in Payatas and other neighboring communities in the second district and massed up along IBP Road, near the North Gate of the Batasan Pambansa Complex.

The protesters near the House of Representatives consisted mostly of women and children who tried to get near the complex but were held back by a phalanx of anti-riot police.

Representatives from the Makabayan bloc—Karlos Zarate (Bayan Muna), Luz Ilagan (Gabriela), Terry Ridon (Kabataan), Antonio Tinio (Act), Neri Colmenares (Bayan Muna), Emmi de Jesus (Gabriela), and Fernando Hicap (Anakpawis)—joined the protesters near the Batasan Complex after they walked out on the President’s SONA.

“We walked out because we know that he (President Aquino) will just lie again to defend the unconstitutional DAP,” Tinio told the protesters.

There were other sectors that were dismayed with the President’s report to the nation.

Advocates pushing for the passage of the Freedom of Information (FOI) bill noted how the President again avoided any mention of the FOI bill in his SONA, even though he claims to espouse transparency and accountability.

Three days before the SONA, members of the Right To Know, Right Now! Coalition delivered to Presidential Spokesman Edwin Lacierda at least 38,000 signatures they gathered from a petition calling for the President and Congress to take decisive action on the FOI bill.

The information advocates had hoped that President Aquino would at least mention the FOI in his presentation of his legislative agenda.

National Union of Journalists of the Philippines (NUJP) Chair Rowena Paraan expressed her disappointment on her Facebook wall saying: “Wala na naman ang FOI.”

For his part, NUJP Cagayan de Oro Chapter Chair Froilan Gallardo reacted to the President’s statement that his administration did well in responding to Typhoon Yolanda last November.

“In his SONA, President Aquino says the government response to Tacloban during typhoon Yolanda or Haiyan was quick and decisive. Aquino even praised DILG Mar Roxas and Defensec Voltaire Gazmin. #%& Ugh! Every journalist who covered Leyte and Tacloban knows the truth,” said Gallardo.

PNoy delivers 5th SONA amid street protests

PRESIDENT BENIGNO S. AQUINO III delivered his fifth and penultimate State of the Nation Address Monday amid moves to impeach him for his administration’s controversial Disbursement Acceleration Program (DAP), portions of which were declared unconstitutional by the Supreme Court.

Aquino, who was swept into power under a banner of transparency and good governance, faces his biggest challenge yet after several groups filed three impeachment complaints against him for the DAP, a stimulus program which involves pooling money saved from government programs to fund other unprogrammed activities, and for the Enhanced Defense Cooperation Agreement which allows US forces greater access to Philippine facilities.

The President delivers his second to the last State of the Nation Address during a joint session of Congress at the Batasang Pambansa complex in Quezon City at four in the afternoon Monday.

The President is expected to make a pitch for his legislative agenda for the last two years of his term. However, many also expect the President to again defend the controversial DAP program.

Below is a streaming live feed from Radio Televison Malacanang of the President’s full speech.

As the President gave his address, thousands of people took to the streets on Monday in what has already become a yearly SONA refrain, this time to register their protest over controversies rocking his administration. Chief among the issues was the DAP controversy.

The biggest group that assembled belonged to groups allied with the Makabayan block in Congress, composed of groups such as Bayan Muna, Gabriela, Anakpawis, and the Kilusang Mayo Uno.

P1130437

The protesters were blocked by several layers of riot policemen along Commonwealth Avenue several kilometers from the Batasan Pambansa. However, a small contingent of protesters, mostly belonging to an urban poor community, was able to sneak past security checkpoints and staged a lightning rally just 50 meters from the Batasan gate. The protesters were later joined by legislators from the Makabayan block, who staged a walkout just before the President gave his address.

P1130457

While the smaller rally dispersed peacefully, the main contingent along Commonwealth clashed with riot police just as the President wrapped up his speech.

water 3

Policemen arrayed behind layers of riot shields akin to a Roman Testudo trained water cannons at the protesters as the activists pushed against concrete barriers and razor-sharp concertina wire, toppling several of the barriers.

water 1

The confrontation played out in the streets, military helicopters clattered overhead to monitor events on the ground.

P1130476

P1130477

Cooler heads however prevailed, preventing a riot from erupting.

Several injured people were seen being rushed away by paramedics.

P1130468

The protesters dispersed peacefully by six in the evening, as the President finished his speech, with a threat that they would be back next year with a bigger contingent.

P1130493